Domestic Violence Appellate Decision

The New Jersey Lawyer reports that the Appellate Division has decided (but has NOT published its decision) the case of Rider v. Byrnes (Docket No. A-405-04T2, August 24, 2005). The New Jersey Lawyer reports that:

"Final domestic violence restraining order against the defendant ex-boyfriend reversed and remanded for vacation of the FRO; the plaintiff ex-girlfriend asserted that the ex-boyfriend had posted harassing material on his Web site, and the defendant claimed that the allegedly harassing statements were lyrics to a song that his band wrote, were not directed to a specific person, and were not communicated to the ex-girlfriend; the trial court erred by determining that the ex-boyfriend had committed an act of harassment because there was no evidence that he had communicated the statements to the ex-girlfriend; the ex-boyfriend’s posting of material that may have referred to the ex-girlfriend on his Web site by itself did not provide a legal basis for the entry of the FRO."

The 6 page decision is available from Facts-on-Call Order No. 18423.

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